Ecoplexus definition
Examples of Ecoplexus in a sentence
Without limiting the foregoing, SunEdison, as well as the estate of, and any trustee or other party empowered to act on behalf of, SunEdison, NVT Licenses, LLC and SunE MN Development, LLC, each release Ecoplexus and its employees, agents, representatives and affiliates, of any claim under Chapter 5 of the Bankruptcy Code arising out of or related to the Agreement or this Settlement Agreement.
Within 15 days of NTP for an Accepted Project, SunEdison shall pay, or cause to be paid, to Ecoplexus $0.12 per DC Watt of capacity of such Accepted Project (the “Purchase Price”).
If Ecoplexus exercises its repurchase right, the purchase price for such Accepted Project shall be an amount equal to (i) the refundable CSG Program deposit of $100/kWac associated with each project’s SRC number, (ii) any non-refundable Interconnection Upgrade Deposit amounts paid to Xcel for such Accepted Project, and (iii) actual and reasonable out-of- pocket development expenses incurred by SunEdison, including, for all costs set forth in Sections 6(b)(i)-(iii) (collectively, the “Repurchase Payment”).
Ecoplexus shall pay the Repurchase Payment within fifteen (15) business days of its notice that it is exercising its repurchase right pursuant to this Section 6(b).
Ecoplexus will transfer, or cause to be transferred, to SunEdison, and SunEdison will accept, all of Ecoplexus’ (or any of its affiliates’) remaining rights in the projects set forth on Schedule A hereto, including all related real estate contracts and other development assets (together, the “Accepted Projects”).
For the avoidance of doubt, upon effectiveness of the mutual release in this Section 7, Ecoplexus shall not have and shall not file a claim against any Sun Edison, LLC or its affiliates in the Chapter 11 Cases for any of the claims released pursuant to this Section 7.
On September 30, 2015, Ecoplexus, as seller, and SunEdison, as buyer, entered into that certain Purchase and Sale Agreement (the “Agreement”) regarding certain project assets located in Minnesota.
Ecoplexus will reasonably cooperate with SunEdison in completing outstanding development items for such Accepted Projects (including, but not limited to, obtaining final real estate amendments, site easements and land use permits).
This Settlement Agreement is being entered into among competent persons who are experienced in business and represented by counsel, and has been reviewed by Ecoplexus and its counsel.
In this Order, DESC, JDA, SCSBA, Ecoplexus, CCL/SACE, SCEUC, and ORS are collectively referred to as the “Parties” or sometimes individually as a “Party.” DESC presented the direct testimony of ▇▇▇▇ ▇.